50552 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations 

§§ 862.1, 864.1, 866.1, and 872.1 

[Amended] 

■ 2. In the following table, for each 

section indicated in the left column, 

remove the Web site address indicated 

in the middle column from wherever 

the Web site address appears in the 

section, and add the Web site address 

indicated in the right column: 

Section Remove Add 

862.1 ............. http://www.fda.gov/AboutFDA/CentersOffices/

OfficeofMedicalProductsandTobacco/CDRH/

CDRHOmbudsman/default.htm.

http://www.fda.gov/MedicalDevices/

DeviceRegulationandGuidance/GuidanceDocuments/default.htm. 

864.1 ............. http://www.fda.gov/AboutFDA/CentersOffices/

OfficeofMedicalProductsandTobacco/CDRH/

CDRHOmbudsman/default.htm.

http://www.fda.gov/MedicalDevices/

DeviceRegulationandGuidance/GuidanceDocuments/default.htm. 

866.1 ............. http://www.fda.gov/cdrh.guidance.html ....................................... http://www.fda.gov/MedicalDevices/

DeviceRegulationandGuidance/GuidanceDocuments/default.htm. 

872.1 ............. http://www.fda.gov/cdrh.guidance.html ....................................... http://www.fda.gov/MedicalDevices/

DeviceRegulationandGuidance/GuidanceDocuments/default.htm. 

Dated: August 19, 2014. 

Peter Lurie, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. 2014–20107 Filed 8–22–14; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0755] 

Drawbridge Operation Regulation; 

Tennessee River, Decatur, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Southern 

Railroad Drawbridge across the 

Tennessee River, mile 304.4, at Decatur, 

Alabama. The deviation is necessary to 

allow the bridge owner time to replace 

and adjust the down haul operating 

ropes that are essential to the continued 

safe operation of the drawbridge. This 

deviation allows the bridge to remain in 

the closed-to-navigation position and 

not open to vessel traffic. 

DATES: This deviation is effective from 

8 a.m. to 10 p.m., September 17, 2014 

and September 24, 2014. 

ADDRESSES: The docket for this 

deviation, (USCG–2014–0755) is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation, West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Eric A. 

Washburn, Bridge Administrator, 

Western Rivers, Coast Guard; telephone 

314–269–2378, email Eric.Washburn@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Norfolk Southern Railroad requested a 

temporary deviation for the Southern 

Railroad Drawbridge, across the 

Tennessee River, mile 304.4, at Decatur, 

Alabama to remain in the closed-tonavigation position on two days for 14 

hours each day from 8 a.m. to 10 p.m. 

on September 17, 2014 and September 

24, 2014 in order to replace and adjust 

the down haul operation ropes. 

The Southern Railroad Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridge shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Tennessee River. 

The Southern Railroad Drawbridge, in 

the closed-to-navigation position, 

provides a vertical clearance of 10.52 

feet above normal pool. Navigation on 

the waterway consists primarily of 

commercial tows and recreational 

watercraft and will not be significantly 

impacted. This temporary deviation has 

been coordinated with waterway users. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 13, 2014. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2014–20184 Filed 8–22–14; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Part 201 

[Docket No. 2014–06] 

Exemption to Prohibition on 

Circumvention of Copyright Protection 

Systems for Wireless Telephone 

Handsets 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: Pursuant to an act of 

Congress, the Librarian of Congress is 

amending applicable regulations to 

provide that the prohibition against 

circumvention of technological 

measures that effectively control access 

to copyrighted works set forth in the 

United States Code shall not apply to 

persons who engage in such 

circumvention to enable used wireless 

telephone handsets to connect to 

wireless telecommunications networks 

when the circumvention is initiated 

either by the owner of the handset or 

certain other persons, and when 

connection to the network is authorized 

by the operator of the network. 

DATES: Effective August 25, 2014. 


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Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations 50553 

1See We the People, https://

petitions.whitehouse.gov/petition/make-unlockingcell-phones-legal/1g9KhZG7 (last updated July 25, 

2014). 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline C. Charlesworth, General 

Counsel and Associate Register of 

Copyrights, by email at jcharlesworth@

loc.gov or by telephone at 202–707– 

8350; or Sarang V. Damle, Special 

Advisor to the General Counsel, by 

email at sdam@loc.gov or by telephone 

at 202–707–8350. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Unlocking Consumer Choice and 

Wireless Competition Act, Public Law 

113–144, enacted on and effective as of 

August 1, 2014, the Librarian of 

Congress is publishing a rule amending 

37 CFR 201.40 to designate a class of 

copyrighted works that shall be exempt 

from the prohibition against 

circumvention of technological 

measures that effectively control access 

to copyrighted works set forth in 17 

U.S.C. 1201(a)(1)(A) and to specify those 

persons who may initiate such 

circumvention. 

Background 

The Digital Millennium Copyright Act 

(‘‘DMCA’’) was enacted to implement 

certain provisions of the WIPO 

Copyright Treaty and WIPO 

Performances and Phonograms Treaty. 

The DMCA created chapter 12 of title 17 

of the United States Code, which 

prohibits circumvention of 

technological measures employed by 

copyright owners to protect their works. 

Specifically, section 1201(a)(1)(A) 

provides that no person shall 

circumvent a technological measure that 

effectively controls access to a work 

protected under title 17. In order to 

ensure that the public will have 

continued ability to engage in 

noninfringing uses of copyrighted works 

that may be adversely affected by the 

prohibition, however, subparagraph (B) 

of section 1201(a)(1) creates a regulatory 

exemption process. 

Subparagraph (B) of section 

1201(a)(1), as implemented through 

subparagraph (C), allows the Librarian 

of Congress, upon the recommendation 

of the Register of Copyrights, to adopt 

exemptions to the prohibition on 

circumvention when it is established 

that persons are, or are likely in the 

succeeding three-year period to be, 

adversely affected in their ability to 

make noninfringing uses of particular 

classes of works as a result of the 

prohibition. The Register’s 

recommendation is made based on an 

evidentiary record developed through a 

multi-stage proceeding that includes 

written comments, oral testimony and 

other evidence submitted by the public, 

and after consultation with the Assistant 

Secretary for Communications and 

Information of the Department of 

Commerce (‘‘Assistant Secretary’’). In 

accordance with the statutory 

framework, a new rulemaking is 

commenced every three years. 

In 2006, as part of the third triennial 

section 1201 rulemaking, the Librarian 

of Congress, upon the recommendation 

of the Register of Copyrights, for the first 

time announced an exemption from the 

prohibition against circumvention of 

technological measures that control 

access to computer programs that enable 

wireless telephone handsets to connect 

to wireless telephone communication 

networks when the circumvention is 

accomplished for the sole purpose of 

lawfully connecting to such a network— 

a process commonly referred to as 

‘‘cellphone unlocking.’’ 71 FR 68472, 

68480 (Nov. 27, 2006). 

In 2010, as a result of the fourth 

triennial rulemaking, the Librarian of 

Congress, again acting upon the 

recommendation of the Register of 

Copyrights, adopted a slightly different 

version of the cellphone unlocking 

exemption to enable used wireless 

telephone handsets to connect to 

wireless telecommunications networks 

where the circumvention is initiated by 

the owner of the copy of the handset 

computer program solely in order to 

connect to such a network in an 

authorized manner. 75 FR 43825, 43839 

(July 27, 2010). 

In 2012, in the fifth triennial 

rulemaking, the Librarian adopted, upon 

the Register’s recommendation, a more 

limited unlocking exemption. The 

evidentiary record in the 2012 

proceeding established that wireless 

carriers were more willing to unlock 

cellphones upon the expiration of 

customers’ contracts and that unlocked 

cellphones were widely available for 

purchase in the marketplace. 77 FR 

65260, 65264–66 (Oct. 26, 2012). As a 

result, while still permitting the 

unlocking of older, or ‘‘legacy,’’ phones, 

the 2012 rule ended the exemption with 

respect to new phones acquired after 

January 26, 2013, 90 days after the rule 

went into effect. As before, unlocking 

was limited to owners of the handset 

computer program undertaken solely for 

the purpose of connecting to a wireless 

network in an authorized manner. Id. at 

65278. 

In response to public calls for a 

broader exemption,1 Congress passed 

the Unlocking Consumer Choice and 

Wireless Competition Act (‘‘Act’’), 

effective as of August 1, 2014. In place 

of the 2012 exemption, the Act 

substitutes the version of the Librarian’s 

cellphone unlocking exemption that 

was adopted pursuant to the 2010 

rulemaking. In addition, the legislation 

provides that the circumvention 

permitted under the reinstated 2010 

exemption, as well as any future 

exemptions applicable to wireless 

handsets or other wireless devices, may 

be initiated by the owner of the handset 

or device, by another person at the 

direction of the owner, or by a provider 

of commercial mobile radio or data 

services, to enable such owner or a 

family member to connect to a wireless 

network when authorized by the 

network operator. Pub. L. No. 113–144 

sec. 2(a), (c). Finally, the legislation 

directs the Librarian of Congress to 

consider in the next triennial 

rulemaking proceeding whether to 

extend the unlocking exemption to 

other types of wireless devices based 

upon the recommendation of the 

Register of Copyrights, who in turn is to 

consult with the Assistant Secretary. Id. 

at sec. 2(b). 

In accordance with the Act, the 

Librarian of Congress adopts the 

following amendments to the 

exemptions set forth in 37 CFR 201.40. 

List of Subjects in 37 CFR Part 201 

Copyright, General provisions. 

Final Regulations 

For the reasons set forth in the 

preamble, 37 CFR part 201 is amended 

as follows: 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 2. Section 201.40 is amended as 

follows: 

■ a. By revising the section heading; 

■ b. By revising paragraph (b)(3); 

■ c. By redesignating paragraph (c) as 

paragraph (d); and 

■ d. By adding a new paragraph (c). 

§ 201.40 Exemptions to prohibition against 

circumvention. 

* * * * * 

(b) * * * 

(3) Computer programs, in the form of 

firmware or software, that enable used 

wireless telephone handsets to connect 

to a wireless telecommunications 

network, when circumvention is 

initiated by the owner of the copy of the 

computer program solely in order to 

connect to a wireless 

telecommunications network and access 


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50554 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations 

to the network is authorized by the 

operator of the network. 

* * * * * 

(c) Persons who may initiate 

circumvention. To the extent authorized 

under paragraph (b) of this section, the 

circumvention of a technological 

measure that restricts wireless 

telephone handsets or other wireless 

devices from connecting to a wireless 

telecommunications network may be 

initiated by the owner of any such 

handset or other device, by another 

person at the direction of the owner, or 

by a provider of a commercial mobile 

radio service or a commercial mobile 

data service at the direction of such 

owner or other person, solely in order 

to enable such owner or a family 

member of such owner to connect to a 

wireless telecommunications network, 

when such connection is authorized by 

the operator of such network. 

Dated: August 18, 2014. 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2014–20077 Filed 8–22–14; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0814 & EPA–R04– 

OAR–2012–0692; FRL–9915–65–Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Infrastructure Requirement (Visibility) 

for the 1997 and 2006 PM, and 2008 

8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: On April 18, 2008, and 

September 23, 2009, the Environmental 

Protection Agency (EPA) received state 

implementation plan (SIP) submissions 

from the State of Florida, through the 

Florida Department of Environmental 

Protection (FDEP), regarding the 

infrastructure elements for the 1997 

annual Fine Particulate Matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS) and 2006 24-hour PM2.5

NAAQS, respectively. On October 31, 

2012, EPA received a SIP submission 

from FDEP regarding the infrastructure 

elements for the 2008 8-hour ozone 

NAAQS. Additionally, on October 22, 

2013, FDEP supplemented the three 

aforementioned infrastructure SIP 

submissions. The Clean Air Act (CAA or 

Act) requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA. These 

plans are commonly referred to as 

‘‘infrastructure’’ SIPs. Specifically, EPA 

is taking final action to approve the 

submissions for Florida as they relate to 

the 1997 annual and 2006 24-hour PM2.5

and 2008 8-hour ozone NAAQS 

infrastructure SIP requirements to 

protect visibility in other states. All 

other applicable infrastructure 

requirements for these NAAQS have 

been addressed in separate rulemakings. 

EPA is approving the elements of these 

infrastructure SIP submissions, as 

supplemented on October 22, 2013, as 

they relate to the protection of visibility 

in other states. 

DATES: This rule will be effective 

September 24, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0814 for the 1997 and 2006 PM2.5

SIP submissions and EPA–R04–OAR– 

2012–0692 for the 2008 8-hour ozone 

SIP submission. All documents in the 

docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 38652), EPA 

established an annual PM2.5 NAAQS of 

15.0 micrograms per cubic meter (mg/

m3), based on a 3-year average of annual 

mean PM2.5 concentrations, and a 24- 

hour NAAQS of 65 mg/m3. On October 

17, 2006 (71 FR 61144), EPA retained 

the 1997 annual PM2.5 NAAQS at 15.0 

mg/m3 based on a 3-year average of 

annual mean PM2.5 concentrations and 

promulgated a new 24-hour NAAQS of 

35 mg/m3 based on a 3-year average of 

the 98th percentile of 24-hour 

concentrations. On March 27, 2008 (77 

FR 16436), EPA revised the 8-hour 

ozone NAAQS to 0.075 parts per 

million. On March 21, 2014, EPA 

proposed to approve SIP submissions 

from Florida as they relate to section 

110(a)(2)(D)(i)(II) infrastructure SIP 

requirements to protect visibility in 

other states for the 1997 annual PM2.5

NAAQS, 2006 24-hour PM2.5 NAAQS, 

and 2008 8-hour ozone NAAQS. A 

summary of the background for today’s 

final action is provided below. See 

EPA’s March 21, 2014, proposed 

rulemaking at 79 FR 15718 for more 

detail. 

Section 110(a)(2)(D) has two 

components: 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct components, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), are provisions that 

prohibit any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment of the NAAQS in another 

state (prong 1) and interfering with 

maintenance of the NAAQS in another 

state (prong 2). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), are provisions that 

prohibit emissions activity in one state 

interfering with measures required to 

prevent significant deterioration of air 

quality in another state (prong 3) and to 

protect visibility in another state (prong 

4). Section 110(a)(2)(D)(ii) requires SIPs 

to include provisions ensuring 

compliance with sections 115 and 126 

of the Act, relating to interstate and 

international pollution abatement. 

EPA has previously taken action to 

address SIP submissions from Florida 

related to prongs 1 through 3 of section 


emcdonald on DSK67QTVN1PROD with RULES